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corinataz | My dog bit a family member and she has decided to sue our insurance company. what is the approximate amount? |
of money she can collect and can she sue me personally in addition to suing the insurance? Any info would be of grea help. Thank you
Additional Details
The reason for my question is that she is addicted to meth, her boyfriend is an alcoholic who just had a lawsuit put against him for punching someone in the face in front of a police officer, her wounds don't match our dogs mouths and she was wearing a big carhart coat. She claims that in a matter of seconds (no more than 5 seconds from the time I let the dogs out the door and had them in my custody again) she was bit close to 15 times in the back. One other reason for my interest, her boyfriend has a long history of living off of insurance claims. Neither of them have jobs due to their addictions and are living on a small boat in the river with a 2 week old baby. I don't want her to be able to take everything we have, especially if she is scamming us! |
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MSAD
|
Tell the insurance adjuster every thing you have told us.
Are there other family members that can support what you say? Do you know of any documentation regarding her meth use (arrests?). Let the adjuster know that the wounds don't add up. If this biting claim is not your dog's nature.....let them know.
In short....spill your guts about everything and provide any documentation you can to support what you say.
Did you get photos of the wounds? That can help support your claim that those wounds do not fit with your dogs.
Were there any witnesses?
Did the neighbors see anything?
The insurance company may send the claim over the their fraud unit for further investigation.
However, I would not wait until a law suit is filed to report the claim. The more quickly after the incident... you get it to the fraud department the better.
However, after defending your claim....the insurance company may invite you to get insurance somewhere else. Companies are funny about dog bite claims. |
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Zarnev
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She cannot sue the insurance company at this time, the insurance company has done nothing for which to be sued. She can only sue you.
If you don't think the dog bit her don't give her your insurance information and don't put a claim in yourself. She will then have to sue you and at that time you let the insurance company know. The insurance company will get any police and medical reports and do an investigation. If they find probable cause that the dog did bite her they may settle out of court, but only up to your policy liability limits. Most homeowners' policy limits are $300,000.
Since she's on Medicaid the insurance company will only pay for her medical bills directly to Medicaid if Medicaid is named in the lawsuit or if Medicaid requests. Since she doesn't have a job she cannot claim any loss wages. She may get pain and suffering but only if the judge can be swayed to award it to her. If the judgement is over your policy limits you will then be responsible.
If the dog did bite her the insurance company will cancel your policy unless you get rid of the dog. If the dog is of a certain breed, such as a pit bull or doberman, the insurance company probably has an exclusion in the policy and they won't pay anything and will cancel on the spot. They can, and probably will, raise your rates. |
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luvsagooddebate
 |
it really depends on the seriousness of the wound, whether she has lost her ability to function (go to work...etc.), and how much mental duress she is going to claim she suffered...if she couldn't go to work you may be looking at lost wages needing repaid to her...psychological damages can be claimed to, which can be turned into a dollar amount, and you can guarantee she'll want All her medical expenses covered |
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Doctor Deth
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she won;t collect anything without going to court and proving it |
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~ ★ ~
 |
She can get you to pay for the medical bills, since I'm assuming she has no insurance. But really that's about it. I've seen it time and time again when I'm at court. She will ask for more but don't get freaked out. Unless she was very very hurt and or had to miss days of work then you will be fine. But she can not double dip. If she sues your insurance and wins which she will, then she can't go and sue you again. Chances are this will be a case you against her. Tell her to call Judge Judy. You actually get paid for going on there its like 300 bucks each person. And if you loos then that money goes to the other party idiomatically. My friend went on there.
Good Luck
This is why we have insurance |
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src50
 |
She can't "sue your insurance company" - it isn't their dog. She will have to sue YOU. |
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Luna & Lawnboy
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Can you say "vexatious litigant"? Anyway, she would need to sue you. You would then refer the matter over to your insurance company. They will defend you by referring the matter over to their defense counsel.
She does not have to sue at this point either. She can simply file a claim. May I recommend that you report this incident to your insurance company. They will complete a full liability investigation and decide on whether or not they will accept liability on your behalf. They will not just hand over money to this low-life(sorry) just because she claims she was bitten/injured.
In some states, dog bite claims are considered strict liability. Others, they are not. She needs to prove you were negligent.
Also, she needs to have sustained some kind of damages. She claims she was bitten by a dog 15 times, but she has not even gone to the ER to be checked out? Do you know if the dog actually broke skin? Sutures required? Any possibility of scarring?
Since you do have insurance, don't worry about losing your home or anything else. It sounds as if this relative will make for a very poor and unsympathetic witness on her own behalf. |
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mbrcatz
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OK, first of all, if she sues your insurance company, she'll lose. She has to sue you.
If she sues YOU, she'll win. Period. Absolutely. Cut and dried - it's your dog, the dog bit her. End of story. There ARE no extenuating circumstances here. Your insurance will get cancelled, if they pay out, and YOU will have a hard time finding new insurance, if you don't get rid of the dog.
So. How much she gets, will depend on the extent of the injuries, and any permanent scarring. She WILL get cost of medical bills - even if someone else paid them - and lost wages. Pain and suffering, well, that's the wildcard.
If she did NOT see a doctor, or the bite didn't break the skin, maybe she'll get $100. If she's got a facial scar, maybe $10,000, maybe more, depending on how many stitches she needed.
Sueing you personally, is where your insurance comes in - they will defend you, and pay the judgement - assuming you didn't lie about the dog on your application, and assuming you don't have a dog bite exclusion on your policy.
I expect you won't invite her over to your house any more. |
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Mr. Goodhi ©
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It could be thousands of dollars if you consider doctor bills & pain & suffering. And then there's the issue of any scars. |
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Mr. Floppy
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How much is your cut? 50% is the going rate these days. |
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